‘Lingam tape’ inquiry in open court

The Sun

The Royal Commission of Inquiry set up to scrutinise a damning video clip showing senior lawyer Datuk V.K. Lingam allegedly brokering the appointment of judges with a senior judge will conduct its investigations and inquiry in an open court from Jan 14 to 25.

"We have three months and March 11, 2008, is the last day for us to finish this task and submit our report, and I hope and pray that we can finish in time with cooperation form the public and anyone else," commission chairman Tan Sri Haidar Mohd Noor said.

"Of course, there is a provision under the law … to get an extension but we will try not to lengthen it," he told reporters after the commission’s fist meeting in the Jalan Duta court complex today.

"That’s why we have fixed the hearing over two weeks. If possible, if we can finish the hearing by January, then we can sit down to prepare our report and our views vis-à-vis the terms of reference," he said.

"It would make our job easier if the public with knowledge and [information] on the clip, especially the person who made the recording, come forward," he added.

Haidar said the person should not be worried about coming forward now that the commission has been established under the law and given legal powers.

He said the commission would work within the 12 terms of reference provided by the King.

Asked whether the hearing will be held in an open court, he said: "Principally, we agreed to hold it in an open court, but there may be occasions where we may say this should be closed … depending on the evidence … Sometimes a witness may not want to be exposed and so on."

"But basically we agreed in principal to an open inquiry so that the press and public can also be present in the inquiry," he said.

"However if there is a large number of people, then the number of persons allowed in the inquiry may have to be controlled because the room is not that big," he added.

Haidar said that in today's meeting, the commissioners also discussed the procedures for the commission’s investigations into the video clip.

He said the Cabinet had agreed that the Attorney-General’s Chambers’ Deputy Head of Prosecution (Policy) Datuk Nordin Hassan and Deputy Head of the Prosecution Division Datuk Azmi Ariffin be appointed to help the commission.

"We will give them up to the end of the year to prepare a short summary of the proposed witnesses which they have to submit to the commission," he said, without elaborating on who the witnesses would be.

Asked if all those mentioned in the video clip would be called, Haidar said: "The terms of reference say we have to look at those named in the tapes, though not all those named are relevant, but we will leave this to Azmi."

He said the commission would go through the list of witnesses and see the gist and relevance of what the witnesses would present.

He added that it would also get the Anti-Corruption Agency’s assistance to determine who to call.

Asked if Lingam’s brother Thirunama Karasu would be called to testify, Haidar said this would depend on whether he can give relevant evidence within the terms of reference.

He said the commission would meet for a second time when the proposed list of witnesses was ready at the end of the year.

The commission was announced last Wednesday (Dec 12), after a three-man panel headed by Haidar agreed that the video clip – released by Parti Keadilan Rakyat on Sept 19 – should be investigated by a royal commission.

On the view by some quarters that Haidar should not head the panel and commission, he said: "Why? Because of the Tun Salleh Abas [case] and questions on my integrity?"

"But show me evidence," he said. "I’m not bothered by their criticism, my conscience is clear … Why should I be worried? You worry about these things you cannot do your job. My conscience [is clear] and I answer to God. That’s all."

Some parties have said Haidar, who was Chief Registrar of the Supreme Court in 1988, had played a crucial role in the judicial crisis involving the sacking of Salleh as Lord President, and later, Datuk George Seah and the late Tan Sri Wan Suleiman Pawanteh as Supreme Court judges.

He had asked the court registry to lock up the Supreme Court seal, which prevented the judges from convening an urgent sitting to hear an interim stay application by Salleh against a tribunal set up to decide on his alleged misconduct.

Besides Haidar, a former chief judge of Malaya, the other members of the commission are former chief judge of Sabah and Sarawak Tan Sri Amar Steve Shim Lip Kiong, retired court of appeal judge Datuk Mahadev Shankar, former solicitor-general Puan Sri Zaitun Zawiyah Puteh and Human Rights Commission of Malaysia commissioner Professor Emeritus Datuk Dr Khoo Kay Kim. Serving as secretary is Datuk Abdullah Sani Abdul Hamid, director-general of the Legal Affairs Division in the Prime Minister's Department.

The commission's terms of reference are:

• Enquire and ascertain authenticity of video clip;
• Enquire and identify the person in the video clip, to whom he was speaking and the persons mentioned in the conversation;
• Enquire and ascertain the truth of the content of the conversation;
• Determine whether there is misconduct by the person or persons identified or mentioned in the clip; and
• Recommend appropriate action against the person or persons identified or mentioned in the clip if found to have committed any misconduct.

The public who want to come forward with evidence and testify can give their particulars and the gist of their evidence to the commission secretariat, which will liaise with Nordin.

The public can contact the secretariat at 03-8885 1049/6 or drop in at the Prime Minister’s Department’s Legal Affairs division in Putrajaya.

Staff of the temporary secretariat will also be stationed at the Jalan Duta court complex for the next three months during the inquiry.